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Posted: October 21, 2020
COVID-19 Pandemic No Excuse for Failing to Respond to Motion
On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
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Posted: October 20, 2020
Court Should Not Have Vacated Default Judgment When Loan Servicer's Excuse Was "Confusion Regarding the Multiple Cases Filed in Multiple Counties"
On October 14, 2020, the Second Department issued a decision in Insiders Success Ventures, LLC v. On… Read More
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Posted: October 19, 2020
Company's Counterclaims Against Minority Members and Former Executives Dismissed
On October 13, 2020, Justice Vito M. DeStefano of the Commercial Division of the Supreme Court of th… Read More
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Posted: October 17, 2020
Court Rejects Allegation That Venue was Proper When Alleged Fraud Took Place Elsewhere
On October 9, 2020, the Fourth Department issued a decision in Harvard Steel Sales, LLC v. Bain, 202… Read More
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Posted: October 17, 2020
Statute of Frauds Does Not Bar Quantum Meruit Claims
On October 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in K… Read More
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Posted: October 16, 2020
Partial Payments Renewed Statute of Limitations
On October 7, 2020, the Second Department issued a decision in HSBC Bank USA, N.A. v. Macaulay, 2020… Read More
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Posted: October 14, 2020
Court Cannot Vacate, Modify or Discharge Lien Law § 19 Lien Where There is no Defect on the Face of the Lien
On October 1, 2020, the First Department issued a decision in Pizzarotti, LLC v. FPG Maiden Lane LLC… Read More
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Posted: October 13, 2020
Court Enforces Contract Provision Granting Prevailing Party Double its Attorneys' Fees
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
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Posted: October 12, 2020
Upcoming Arguments in the Court of Appeals in October 2020
Upcoming arguments in the Court of Appeals in October 2020 that may be of interest to commercial lit… Read More
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Posted: October 11, 2020
Party May Not Move to Amend a Pleading That Already Has Been Dismissed
On October 2, 2020, the Fourth Department issued a decision in Christiana Trust v. Rice, 2020 NY Sli… Read More
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Posted: October 10, 2020
When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable
On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
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Posted: October 9, 2020
Court Analyzes Question of Whether Producing Party May Redact Irrelevant Information
On September 25, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
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Posted: October 8, 2020
Fiduciary Duty Claims Based on Joint Venture Fail Without Provision Providing for Sharing Losses as Well as Profits
On October 1, 2020, the First Department issued a decision in Shionogi Inc. v. Andrx Labs, LLC, 2020… Read More
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Posted: October 7, 2020
Whether Employer is Responsible for Employee's Defamatory Statements is a Question of Fact
On October 2, 2020, the Fourth Department issued a decision in Elizabeth Votsis & Crave L&D, LLC v. … Read More
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Posted: October 6, 2020
Commercial Division Rules Amended to Add Highly Confidential - Attorneys' Eyes Only Designation to Model Protective Order
On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protecti… Read More
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Posted: October 5, 2020
Contract Made With A Municipality That Does Not Comply With Law is Unenforceable, Even Under a Quantum Meruit Theory
On September 22, 2020, Justice Walsh of the Westchester County Commercial Division issued a decision… Read More
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Posted: September 30, 2020
Hyperlinking Now Mandatory in the Commercial Division
On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking t… Read More
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Posted: September 29, 2020
Action Dismissed for Failure to File Note of Issue
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC… Read More
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Posted: September 28, 2020
Court Bars Party From Changing its Arguments Based on Doctrine of Judicial Estoppel
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
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Posted: September 27, 2020
Court Dismisses Petition to Dissolve LLC Because LLC Was Able to Conduct Business
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
